Bharatiya Nyaya Sanhita, 2023
Section 324 BNS: Mischief
Section 324 of the Bharatiya Nyaya Sanhita, 2023 defines mischief and provides graded punishment depending on the nature and value of the loss or damage, including aggravated punishment where preparation is made for death, hurt, wrongful restraint or fear of those consequences.
Section 324(1) BNS - Meaning of Mischief
A person commits mischief if, with intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or to any person, he destroys property or makes a change in property, or in its situation, that destroys or diminishes its value or utility or affects it injuriously.
The offence therefore does not require complete destruction. A harmful alteration that reduces value or usefulness, or otherwise injuriously affects property, may be sufficient if accompanied by the required intention or knowledge.
Explanations to Section 324
Explanation 1 - Loss need not be intended to the owner
It is not necessary that the accused intend loss or damage specifically to the owner of the property. It is enough that the accused intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring property, whether or not that property belongs to that person.
Explanation 2 - A person may commit mischief affecting his own property
Mischief may be committed by an act affecting property belonging to the accused himself, or property belonging jointly to the accused and others.
Statutory Illustrations
Essential Ingredients of Mischief
- there must be destruction of property, a change in property or its situation, or another injurious effect on property;
- the act must destroy or diminish value or utility, or otherwise affect the property injuriously;
- the accused must intend wrongful loss or damage, or know that such loss or damage is likely; and
- the wrongful loss or damage may be to the public or to any person and need not be confined to the owner.
Punishment, Cognizability, Bail and Trial Court
| Provision | Punishment | Cognizable | Bailable | Trial court |
|---|---|---|---|---|
| 324(2) | Up to 6 months, or fine, or both | No | Yes | Any Magistrate |
| 324(3) | Up to 1 year, or fine, or both | No | Yes | Any Magistrate |
| 324(4) | Up to 2 years, or fine, or both | No | Yes | Any Magistrate |
| 324(5) | Up to 5 years, or fine, or both | Yes | Yes | Magistrate of the first class |
| 324(6) | Up to 5 years and fine | Yes | Yes | Magistrate of the first class |
Damage-Value Thresholds Under Section 324
Section 324(3) applies where mischief causes loss or damage to any property, including property of Government or a Local Authority, and provides imprisonment up to one year, or fine, or both.
Section 324(4) applies where the loss or damage is Rs. 20,000 or more but less than Rs. 1 lakh. The punishment may extend to two years, or fine, or both.
Section 324(5) applies where the loss or damage is Rs. 1 lakh or more. The punishment may extend to five years, or fine, or both.
Section 324(6) - Mischief After Preparation for Death, Hurt or Wrongful Restraint
Section 324(6) applies where a person commits mischief after making preparation for causing death, hurt or wrongful restraint to any person, or for causing fear of death, hurt or wrongful restraint.
This aggravated form is punishable with imprisonment of either description up to five years and fine. It is cognizable, bailable and triable by a Magistrate of the first class.
Compounding Under the BNSS
Under the BNSS compounding provisions, mischief under Sections 324(2) and 324(4), where the only loss or damage caused is loss or damage to a private person, may be compounded by the person to whom the loss or damage is caused.
Official Legal Sources
For authoritative statutory wording and procedural classification, consult India Code, NCRB and the Ministry of Home Affairs resources listed in the right sidebar. The enacted BNS text should be followed for the monetary thresholds in Section 324.
Frequently Asked Questions
Can mischief be committed against one's own property?
Yes. Explanation 2 expressly states that mischief may be committed by an act affecting property belonging to the offender, or property belonging jointly to the offender and others.
Does the offender need to intend loss to the property owner?
No. It is sufficient that the offender intends, or knows that he is likely, to cause wrongful loss or damage to any person by injuring property.
What is the punishment for ordinary mischief?
Under Section 324(2), ordinary mischief is punishable with imprisonment up to six months, or fine, or both.
When does Section 324 become cognizable?
The BNSS First Schedule classifies Sections 324(5) and 324(6) as cognizable. Sections 324(2), 324(3) and 324(4) are non-cognizable.
Is Section 324 bailable?
Yes. The listed Section 324 offences under sub-sections (2) to (6) are bailable.
This page provides general legal information. Application of Section 324 depends on the facts, evidence, valuation of loss or damage and the law applicable to the individual case.